The Department of Labor & Industries has started the process to adopt permanent wildfire smoke exposure rules for outdoor workers by late summer.
The Department of Labor & Industries has started the process to adopt permanent wildfire smoke exposure rules for outdoor workers by late summer. L&I aims to adopt final rules by August 18. These proposed permanent rules follow two years of temporary emergency rules that bypassed the full rulemaking process. So far, no 2023 emergency rules have been announced to cover the early summer fire season.
We last wrote about the wildfire smoke rules in August 2022, when L&I Director Joel Sacks spoke on TVW about the emergency heat exposure and wildfire smoke exposure rules. We also wrote about the 2022 emergency rules when they were adopted last June. At the time, AWC supported re-adopting the less stringent 2021 emergency rules until permanent rulemaking with a full analysis could take place.
You can find the proposed permanent rule language on L&I’s rulemaking website as well as the wildfire smoke stakeholder site. A preliminary cost-benefit analysis can be found here. The proposed rules only cover outdoor workers (except firefighters) and do not cover workers inside enclosed buildings with the windows and doors kept shut or those inside enclosed vehicles with the windows and doors with filtered cabin air.
Wildfire smoke is measured in terms of PM2.5, i.e. small particulate matter measured in micrograms per cubic meter (μg/m3). U.S. EPA has an Air Quality Index (AQI) that converts PM2.5 into a unitless index that corresponds to categories of risk to people. Different requirements under the proposed rules are triggered at different PM2.5 smoke levels.
The draft wildfire smoke rules:
- Require employers to determine smoke exposure on their worksites using either approved air quality monitoring services like EPA AirNow or Washington Dept. of Ecology, or monitor local conditions with direct-reading particulate monitors.
- Require employers to monitor employees for symptoms of smoke exposure and provide adequate medical care.
- Contain several informational appendices, including the health effects of wildfire smoke, understanding of respirators and proper respirator use, and properly selecting direct-reading particulate monitors.
- Include specific requirements that take place at different smoke levels:
PM2.5 breakpoints (μg/m3) | Equivalent AQI range | AQI health categories covered | Proposed rule requirements |
|---|
0.0 – 20.4 i.e. Before exposure | 0 – 68 | Good | - Prepare response plan to include in accident prevention program.
- Provide annual smoke training to employees.
- Watch the PM2.5 conditions and forecasts.
- Implement a two-way communication system to communicate hazards, available smoke exposure controls/protection, etc.
- Provide for prompt medical treatment and permit treatment without retaliation.
|
20.5 – 35.4 | 69 – 100 | Moderate | All of the above and: - Notify employees of PM2.5 conditions.
- Ensure only trained employees work outdoors.
- Consider implementing exposure controls.
- Consider providing voluntary use respirators.
|
35.5 – 250.4 | 101 – 300 | - Unhealthy for sensitive groups
- Unhealthy
- Very unhealthy
| All of the above and: - Implement exposure controls.
- Make N95 respirators available for voluntary use.
|
250.5 – 500.3 | 301 – 499 | Hazardous | All of the above and: - Move workers experiencing adverse symptoms requiring medical attention to a location with sufficient clean air.
- Directly distribute N95 respirators to employees for voluntary use.
|
500.4 – 554.9 | 500 – beyond the AQI | Hazardous | All of the above and: - Implement a complete required use respiratory protection program with fit-testing, medical evaluations, clean-shaven employees, and use of particulate respirators
|
555+ | Beyond the AQI | Hazardous | All of the above and: - Require respirators with an assigned protection factor (APF) of 25 or more.
|
If your city is interested in participating in this rulemaking, the deadline to submit written comments is August 4. Comments can be submitted to cynthia.ireland@Lni.wa.gov. L&I is also hosting a series of public hearings in July. The scheduled hearings will be:
- July 18 @ 10 am – Spokane
- July 19 @ 10 am – Kennewick
- July 20 @ 10 am – Bellingham
- July 25 @ 10 am – Vancouver
- July 26 @ 10 am – Tukwila
- July 27 @ 10 am – Yakima
- July 28 @ 2 pm – Virtual/Call in. Pre-hearing overview starts at 1 pm.
Join via Zoom
Password (if prompted): Wildfire@1
To join by phone (audio only):
253-205-0468 or 253-215-8782
Meeting ID: 876 9078 6178
Passcode: 4682009778
Cities with outdoor staff – like those in parks & recreation, public works, utilities, transportation, public safety and emergency response, outdoor maintenance, etc. – should review the rules and their own wildfire smoke procedures. Make sure to submit comments to L&I about your city’s unique considerations as they iron out the final rule.
Dates to remember
Written comments on the proposed wildfire smoke exposure rule will be accepted until August 4 at 5 pm and can be submitted to cynthia.ireland@Lni.wa.gov.